Best Will & Testament Lawyers in Göppingen

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Göppingen, Germany

Founded in 1983
English
Rechtsanwaltskanzlei Dory & Marx, established in 1983 and located in Göppingen, Germany, offers over four decades of legal expertise. The firm specializes in various legal fields, including labor law, family law, medical law, real estate law, and estate planning. The team comprises seasoned...
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About Will & Testament Law in Göppingen, Germany

Will and Testament law in Göppingen, Germany is governed by German federal law, primarily the Bürgerliches Gesetzbuch (BGB) or Civil Code, as well as specific local practices. Göppingen, located in the state of Baden-Württemberg, follows the same inheritance rules that apply throughout the country. Wills (Testament) allow individuals to determine how their assets are distributed after their passing, and provide a legal framework to handle sensitive family and financial matters. Properly drafting and managing a will ensures that your wishes are respected and that your loved ones are protected from future disputes.

Why You May Need a Lawyer

There are several situations where seeking the guidance of a lawyer is crucial in matters related to Wills and Testaments:

  • If you want to ensure your will is legally valid and meets all formal requirements in Germany
  • If you have a complex family situation, such as children from multiple marriages or blended families
  • If you own assets in more than one country
  • If you wish to exclude statutory heirs or allocate assets in a non-standard way
  • If you want to minimize inheritance tax for your beneficiaries
  • If you are concerned about disputes among heirs or wish to establish clear guardianship for minor children
  • If you are an heir and have questions about your rights or contesting a will
  • If you need guidance on executing a will or handling an estate

A lawyer experienced in Will and Testament law can help prepare the correct documents, explain your rights and obligations, provide tax guidance, and represent you in court if necessary.

Local Laws Overview

In Göppingen, as in the rest of Germany, certain legal principles must be observed when making a Will and Testament:

  • Testamentary Freedom: You can generally distribute your assets as you wish, but certain family members (statutory heirs) have a legal right to a reserved portion, known as the Pflichtteil.
  • Formal Requirements: A will can be handwritten and signed (holographic will), or made before a notary public (notarieller Testament). Oral wills are only permitted in exceptional circumstances.
  • Intestate Succession: If you die without a will, the BGB sets out automatic inheritance rules based on family relationships.
  • Community of Heirs: When there are several heirs, a community of heirs (Erbengemeinschaft) is formed until the estate is divided.
  • Inheritance Tax: German inheritance tax (Erbschaftsteuer) applies, with allowances and rates depending on the relationship between the decedent and the heirs.
  • Contest and Revocation: Wills can be contested in court or revoked by the testator at any time during their lifetime.

Having a qualified local lawyer can help you navigate these rules and avoid potential pitfalls.

Frequently Asked Questions

What is the difference between a handwritten will and a notarial will?

A handwritten will must be entirely written and signed by the testator without witnesses. A notarial will is created with a notary’s assistance and offers greater legal certainty, reducing the risk of mistakes or disputes.

Can I exclude my children or spouse from my will?

While you have testamentary freedom, German law grants close relatives, such as children and spouses, a legally protected minimum share called the Pflichtteil. You cannot completely disinherit them unless very specific grounds exist.

What happens if I do not leave a will?

If you die intestate, your estate will be distributed according to the rules set out in the German Civil Code. Typically, your spouse and children will inherit first, followed by other relatives.

How can I change or revoke my will?

You are free to change or revoke your will at any time, as long as you are mentally competent. This can be done by creating a new will or by an explicit declaration of revocation.

Is my foreign will valid in Germany?

A will made abroad may be recognized under certain conditions, but requirements can be strict. If you have international ties, it is wise to seek legal advice for cross-border succession issues.

Who should I appoint as executor of my will?

An executor (Testamentsvollstrecker) can ensure your wishes are carried out and help manage the estate. You may name a trusted individual or a professional, such as a lawyer.

Do I need to register my will?

A privately written will does not need to be registered, but for safekeeping and legal certainty, many people deposit their wills with the local probate court (Nachlassgericht) or with a notary.

What are the costs involved in making a will?

Costs can vary depending on the complexity and whether a notary is involved. Notarial services are subject to official fee schedules. Some legal insurance policies cover will-drafting services.

How is inheritance tax calculated in Germany?

Inheritance tax rates and allowances depend on the relationship between the heir and the deceased. Close relatives like spouses and children have higher tax-free allowances than distant relatives or non-family members.

Can a will be contested in Germany?

Yes, a will can be challenged in court if there are doubts about its authenticity, validity, or if legal requirements were not met. Grounds for contesting include undue influence, incapacity, or violation of legal form.

Additional Resources

If you need more information about Wills and Testaments in Göppingen or wish to consult with a professional, consider these resources:

  • Nachlassgericht Göppingen - The local probate court responsible for probate matters, will registration, and estate issues
  • German Bar Association (Deutscher Anwaltverein) - Directory for finding qualified lawyers specializing in inheritance law
  • Notarkammer Baden-Württemberg - The notaries’ chamber offers guidance about notarial services
  • City of Göppingen Citizen Service Office (Bürgerbüro) - Assistance for local administrative procedures related to inheritance
  • Federal Ministry of Justice - Publishes up-to-date guides on inheritance and will law in Germany

Next Steps

If you are considering making a will or need legal assistance with inheritance matters in Göppingen, start by organizing your personal and financial information. Next, consult a local lawyer or notary who specializes in inheritance law to discuss your wishes and ensure all documents are legally valid and tax efficient. Keep your family informed about your decisions if possible, and consider storing your will safely at the Nachlassgericht or with your notary. Finally, stay informed about changes in inheritance law that might impact your estate planning.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.